Criminal Assets Confiscation Act 2005

The court that made the restraining order referred to in section 74(1)(b) may make an order excluding particular property from forfeiture under this Division if—

a person has been convicted of a serious offence to which the restraining order relates; and

a person applies for the exclusion order; and

the applicant owns the property; and

the property is covered by the restraining order (or is security given under section 38(a)(iii) for the exclusion of property that was covered by the restraining order or under section 44(a)(iii) for the revocation of the restraining order); and

the court is satisfied that—

the property is not proceeds of unlawful activity;

the person convicted of the serious offence to which the restraining order relates—

is not, as a result of the conviction, a prescribed drug offender;

is, as a result of the conviction, a prescribed drug offender but the property is protected property of the person; and

the applicant's interest in the property was lawfully acquired;

it would not be contrary to the public interest for the property to be excluded from such forfeiture.

To avoid doubt, an order under this section cannot be made in relation to property if the property has already been forfeited under this

The applicant must give written notice to the DPP of both the application and the grounds on which the order is sought.

The DPP—

may appear and adduce evidence at the hearing of the application;

must give the applicant notice of any grounds on which it proposes to contest the application.